CAN YOU QUALIFY FOR A DISABILITY CHECK?

1 out of 4 adults will become disabled prior to the age of 65.  If these individuals have worked and paid into the Social Security trust fund, they may be able to receive a monthly disability check.

Here are the basic requirements to be found disabled by Social Security:

1.  You have a severe, medically determinable impairment which has lasted, or is expected to last for at least 12 consecutive months OR to end in death.  (No short term disability benefit).

2.  Your impairment prevents your ability to perform any of your past work or any other work available in substantial numbers in the United States economy.  (The requirements are a bit easier for persons age 50 and over).

For purposes of determining whether you can perform any past work, Social Security looks at full-time jobs you performed during the 15 years immediately prior to file for disability.  Work that you did more than 15 years ago is not considered "past relevant work."

There are dozens of pages of forms, questionnaires and interrogatories involved in a disability application.  Denials can occur if the application is hastily prepared or simply not prepared correctly.  I help my clients file the initial application because I want it to be complete, accurate and well prepared.  This gives us the best chance of approval at the initial level--saves time and may get the client paid sooner.

As with most things, the devil is in the details.  Social Security frequently finds that the claimant's impairments are not severe enough to prevent all work, therefore, will deny the claim. This is a very common occurrence--the rule and not the exception. When your claim is denied, you file an appeal within 60 days and get ready for a hearing before an administrative law judge.  The average person will need help with this appeal because the hearing that follows is a complicated legal proceeding. 

I prepare the evidence for the appeal hearing, in which both I and the claimant will appear.  I meet with the claimant a few days before the hearing to prepare him or her for the appearance. At the hearing, I am there to assist with presenting evidence, making arguments or answering questions.  My job is:  Make sure the claimant has every opportunity to win the case and get maximum benefits available under the Social Security regulations. 

Click on the Forsythe Firm website to find out more about how good representation may help you with your disability claim.


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